Statement from Suffolk DA Conley regarding Broadway Assault

BOSTON,
March 18, 2014—Three men and a woman were arraigned yesterday for their roles
in the March 9 beatings of a 40-year-old man and a group of teens who came to
his defense – including one alleged perpetrator on probation for an earlier,
unprovoked beating, Suffolk County District Attorney Daniel F. Conley said
today.

Arraigned
today in South Boston Municipal Court were:

1.MICHAEL DAVIS (D.O.B. 1/30/78) of Quincy,
charged with one count each of assault and battery and assault and battery with
a dangerous weapon;

2.PATRICK
J. JOYCE (D.O.B. 8/17/89) of Dorchester, charged with three counts of assault
and battery and one count of assault and battery with a dangerous weapon;

3.KEVIN
McCARTHY (D.O.B. 12/2/92) of South Boston, charged with one count each of
assault and battery and assault and battery with a dangerous weapon; and

4.KRISTINE
MULLEN (D.O.B. 8/4/93) of South Boston, charged with one count each of assault
and battery and assault and battery with a dangerous weapon.

A fifth
suspect has been identified as a 20-year-old South Boston man and is expected
to appear for arraignment on assault and battery charges on March 21.

The
defendants surrendered themselves to MBTA Transit Police last week amid the
ongoing investigation. They posted bails ranging from personal recognizance to
$500 after their arrests and yesterday walked into court, where Assistant
District Attorney William Champlin recommended additional cash bail for a total
of $1,000 bail each along with orders that they have no contact with the
victims and witnesses, stay away from all MBTA property, and remain
alcohol-free.

Prosecutors
also notified the Probation Department of Joyce’s and McCarthy’s arrests in an
effort to have them held pending surrender hearings because they are both on
probation for serious offenses: Joyce for motor vehicle homicide in Norfolk
County and McCarthy for aggravated assault and battery with a dangerous weapon
in Suffolk County.

Judge
Michael Bolden declined to order additional bail for any defendant, releasing
Davis and Mullen on personal recognizance, Joyce on $400, and McCarthy on $500.
Bolden imposed the stay-away and no-contact orders but not the order to remain
alcohol-free.

McCarthy
was convicted last year of taking part in the group beating of three men in the
early morning hours of May 8, 2011. Suffolk prosecutors recommended three to
five years in state prison followed by probation at his sentencing; a Suffolk
Superior Court judge imposed two years in a house of correction with six months
to serve and the balance suspended for two years. He and his co-defendants in
that case shouted at the victims, “You [expletive] yuppie, you’re not from
Southie” while beating them.

The
defendants in this most recent case are accused of attacking a 40-year-old man
and then the group of five Rhode Island teens, ages 14 through 18, when they
attempted to help that victim. The older victim was transported to Tufts
Medical Center with serious injuries. The teens were treated by Boston
Emergency Medical Services at Broadway station but did not require
hospitalization.

The
ongoing investigation by MBTA Transit Police suggests that the incident was
sparked by a brief exchange of words between the 40-year-old victim and the
defendants’ group. That led to a physical attack by the defendants on that
victim. When the younger victims stepped in to break up the attack, they, too,
were attacked, the evidence suggests.

Transit
Police utilized witness statements, footage from surveillance cameras, and
video shot by passengers to develop the case. They released certain of that
evidence to the public last week, leading the defendants to surrender
themselves on Friday and Saturday.

“Transit
Police recognized the seriousness of this case and the importance of
identifying the attackers,” Conley said. “Fortunately, they had the help of multiple
civilian witnesses who stepped forward to assist in the investigation. Those
good men and women represent who we are in Boston, and I want to thank them.”

Davis,
Joyce, McCarthy, and Mullen are represented by attorneys Robert Menton, Keith
Nicholson, Craig Mulcahey, and David Mullen, respectively. They will return to
court on May 23.